Regina v Frascella [2001] NSWCCA 137

New South Wales Court of Criminal Appeal

CITATION : Regina v Frascella [2001] NSWCCA 137 FILE NUMBER(S) : CCA 60438/00 HEARING DATE(S) : 6 April 2001 JUDGMENT DATE : 6 April 2001

PARTIES : Regina v Anthony Frascella JUDGMENT OF : O'Keefe J at 20; Smart AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/21/1050 LOWER COURT JUDICIAL O'Reilly DCJ OFFICER :

COUNSEL : (A) H Dhanji (R) G E Smith SOLICITORS : (A) D J Humphreys (R) S E O'Connor CATCHWORDS : Sentencing - dangerous driving causing death with other offences taken into account - driving conveyance taken without consent of owner - correct sentence for each offence to be imposed - application of Pearce v The Queen (1998) 194 CLR 610 LEGISLATION CITED : Nil R v Jurisic (1998) 45 NSWLR 209 CASES CITED: R v Mansour [1999] NSWCCA 180 Pearce v The Queen (1998) 194 CLR 610 DECISION : (a) Leave to appeal granted (b) Appeal allowed - sentence quashed (c) In lieu of the sentences imposed the applicant is sentenced (i) On count 2 (driving a conveyance taken without the consent of the owner) to imprisonment for two years starting on 23 June 2000 with a non-parole period of six months starting that day and ending on 22 Decmber 2000 (ii) On count 1 (dangerous driving occasioning death) and taking into account the offences on the two Forms 1, the applicant is sentenced to imprisonment for three years six months starting on 23 December 2000 with a non-parole period of 18 months starting that day and ending on 22 June 2002 (d) The applicant is disqualified from holding a driver's licence for two years from 23 June 2000.